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Poster: Poe1809 Date: Aug 25, 2010 6:41pm
Forum: oldtimeradio Subject: Re: What Is Gone

Don't know about the thrid set of Falcon, but Cinnamon Bear readily available at any number of other sites. You just need to do a little extra work to find what you're looking for now that this public domain robbery has begun again

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Poster: Kevin VandeWettering Date: Feb 19, 2013 9:58am
Forum: oldtimeradio Subject: Re: What Is Gone

No sound recordings are in the public domain.

http://www.pdinfo.com/Copyright-Law/Public-Domain-Sound-Recordings.php

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Poster: PDpolice Date: Feb 19, 2013 11:50am
Forum: oldtimeradio Subject: Re: What was taken

Its true! I read it on a commercial website on the Internet! They cannot post anything but the absolute truth.
I wish the Nigerian prince would hurry with my money though.

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Poster: Kevin VandeWettering Date: Feb 19, 2013 4:35pm
Forum: oldtimeradio Subject: Re: What was taken

Other references:

ISBN:978-1413317213

The Public Domain: How to Find & Use Copyright-Free Writings, Music, Art & More.

Read this government document about the desirability of bringing pre-1972 sound recordings under federal jurisdiction. Start reading at about page 20.

http://www.copyright.gov/docs/sound/pre-72-report.pdf

From the copyright.gov website section 301c:

With respect to sound recordings fixed before February 15, 1972, any rights or remedies under the common law or statutes of any State shall not be annulled or limited by this title until February 15, 2067.

http://www.copyright.gov/title17/92chap3.html#301



This post was modified by Kevin VandeWettering on 2013-02-20 00:35:04

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Poster: PDpolice Date: Feb 19, 2013 5:06pm
Forum: oldtimeradio Subject: Re: What was taken and who helps drive the getaway car.

The AFRS recordings that are the original material for most of the OTR files here are certainly in the Public Domain. Do any transcriptions of non-copyrighted Radio shows fall under the Audio Recordings copyright as you suggest? A reading of the legal definition of Audio Recording indicates they do not.
But I had forgotten to give the proper greeting. Hark to the assistant Noodnix Lodge leader! I suggest a search on Kevin VandeWettering and Jory2 before following any of their legal advice.

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Poster: Kevin VandeWettering Date: Feb 19, 2013 7:17pm
Forum: oldtimeradio Subject: Re: What was taken and who helps drive the getaway car.

Please provide some reference which says "A reading of the legal definition of audio recordings indicates they do not".

Here's a piece of case law:

http://www.osbar-ils.org/articles/NewYorkCommonLawCopyright.pdf

The court held that even though the sound recording in question was public domain in the country of origin (UK), and the sheet music was public domain in the US that the sound recording was still protected under New York state common law until 2067.

As far as AFRS recordings: Were the sound recordings "works of the federal government"? I don't think so. Most of the shows of the day were broadcast on Armed Forces Radio. That means they got broadcast rights. It doesn't mean the US government created it or owned it.

Here's Stephen Fishman. I linked his book above.

http://www.nolo.com/law-authors/stephen-fishman.html

He writes law books for NOLO. He says:

No pre-1972 sound recordings are in the public domain.

I suggest you crack a book instead of exercising your blow hole.


This post was modified by Kevin VandeWettering on 2013-02-20 03:17:57

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Poster: PDpolice Date: Feb 20, 2013 1:38am
Forum: oldtimeradio Subject: Re: What was taken and who helps drive the getaway car.

Your quick Google search is fun to do and does make postings look very authoritative. It seems your goal is have people mistakenly believe that the opinions posted here are valid legal documents and at some point stop them from posting any content.
Do the Noodnix have a plan to host pay only sites for our files when you stop the Archive or is this still just retribution for what you think happened a couple of years ago?
Please explain why you feel compelled to have the Archive close and us to pay you for the files we have placed here.
No Google search links please.

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Poster: Kevin VandeWettering Date: Feb 20, 2013 3:52pm
Forum: oldtimeradio Subject: Re: What was taken and who helps drive the getaway car.

The valid legal opinions here are the case law I pointed to, section 301 at the copyright office and a book written by a legal expert who writes books for NOLO that I own.

Find me something on the other side of the argument. I'd like to be on the other side of this argument. Even OTRR admits:

In summary, the copyright situation is more complex than the simple question of whether the old time radio recordings are under federal statutory copyright. There are also issues of common law copyright and state statutory copyright, and the underlying literary copyrights of the scripts.

http://otrrlibrary.org/copyright2.html

This post was modified by Kevin VandeWettering on 2013-02-20 23:52:44

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Poster: PDpolice Date: Feb 20, 2013 3:45pm
Forum: oldtimeradio Subject: Re: What was taken and who helps drive the getaway car.

I am unsure as to why you edited your reply three times this afternoon. A moment ago it was declaring your undying love for the Archive and apologizing for your misdeeds. Now you are spouting copyright gibberish containing many words and offensive content.
Be gone, vile thing!

I hope you know the meaning of that word!

http://www.urbandictionary.com/define.php?term=Nolo

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Poster: Kevin VandeWettering Date: Feb 20, 2013 4:11pm
Forum: oldtimeradio Subject: Re: What was taken and who helps drive the getaway car.

Because I was trying to be concise.

http://www.nolo.com

I can see you would get no love. I like IA and the OTRR collections here. I had some stuff pulled myself. OTRR lost some certified collections that were a lot of trouble to make. Do either of us have a legal leg to stand on to file a counter notice? No. Because it's not public domain.


This post was modified by Kevin VandeWettering on 2013-02-21 00:11:51